Title 14, Chapter 2, Section 141
( 14-2-141)
(a) Notice under this chapter shall be in writing unless oral notice
is reasonable under the circumstances. (b) Notice may be communicated in person; by telephone, telegraph,
teletype, facsimile, or other form of wire or wireless
communication; or by mail or private carrier. If these forms of
personal notice are impracticable, notice may be communicated by a
newspaper of general circulation in the area where published, or by
radio, television, or other form of public broadcast communication.
Unless otherwise provided in the articles of incorporation, bylaws,
or this chapter, notice by facsimile transmission, telegraph, or
teletype shall be deemed to be notice in writing for purposes of
this chapter. (c) Written notice by a domestic or foreign corporation to its
shareholders, if in a comprehensible form, is effective when mailed,
if mailed with first-class postage prepaid and correctly addressed
to the shareholder's address shown in the corporation's current
record of shareholders. If the corporation has more than 500
shareholders of record entitled to vote at a meeting, it may utilize
a class of mail other than first class if the notice of the meeting
is mailed, with adequate postage prepaid, not less than 30 days
before the date of the meeting. (d) Written notice to a domestic or foreign corporation (authorized
to transact business in this state) may be addressed to its
registered agent at its registered office or to the corporation or
its secretary at its principal office shown in its most recent
annual registration or, in the case of a foreign corporation that
has not yet delivered an annual registration, in its application for
a certificate of authority. (e) Except as provided in subsection (c) of this Code section,
written notice, if in a comprehensible form, is effective at the
earliest of the following: (1) When received, or when delivered, properly addressed, to the
addressee's last known principal place of business or residence; (2) Five days after its deposit in the mail, as evidenced by the
postmark, or such longer period as shall be provided in the
articles of incorporation or bylaws, if mailed with first-class
postage prepaid and correctly addressed; or (3) On the date shown on the return receipt, if sent by registered
or certified mail or statutory overnight delivery, return receipt
requested, and the receipt is signed by or on behalf of the
addressee. (f) Oral notice is effective when communicated if communicated in a
comprehensible manner. (g) In calculating time periods for notice under this chapter, when
a period of time measured in days, weeks, months, years, or other
measurement of time is prescribed for the exercise of any privilege
or the discharge of any duty, the first day shall not be counted but
the last day shall be counted.
(h) If this chapter prescribes notice requirements for particular
circumstances, those requirements govern. If articles of
incorporation or bylaws prescribe notice requirements, not
inconsistent with this Code section or other provisions of this
chapter, those requirements govern. |